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Time of India
24-05-2025
- Time of India
Five acquitted in drugs case after 21-year trial
Mumbai: In a judgment delivered after a 21-year trial, a special NDPS court acquitted five individuals accused in two interconnected NDPS cases, citing the prosecution's failure to prove the charges beyond a reasonable doubt. The accused, Mohammed Omar Mistry, Dharmendra Saroj, Uday Raj Yadav, Atiq-Ur-Rehman, and Shiraj Panjwani, were booked for possession, transportation, import or export, and criminal conspiracy related to 20,000 Buprenorphine ampules. The drugs were allegedly being sold for non-medical purposes. "As earlier discussed, the prosecution failed to connect the accused with the seized contraband… The entire evidence of prosecution did not tie all accused in one rope. There is no evidence in the form of WhatsApp chat, CDR, and monetary bank transactions to prove the conspiracy. Thus, prosecution fails to prove the guilt of the accused," Special Judge Mahesh K Jadhav said last week. The judge noted that while Buprenorphine ampule injections were allegedly recovered, the prosecution failed to conclusively prove that the samples sent to the Forensic Science Laboratory (FSL) were not tampered with. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Buy Brass Idols - Handmade Brass Statues for Home & Gifting Luxeartisanship Buy Now Undo A key prosecution witness admitted having undocumented access to the samples and office seals, raising serious doubts about the integrity of the evidence. The accused were out on bail. It was the prosecution's case that on April 1, 2004, officers from the Narcotic Cell of the Customs Preventive Collectorate intercepted a taxi near JJ Hospital, seizing approximately 20,000 ampules of Buprenorphine, a controlled psychotropic substance. The operation followed a tip-off regarding the illicit trafficking of the drug. According to officials, intelligence received by an officer indicated that Mohammed Omar Mistry and his associate, Lala Rambhai, were involved in transporting commercial quantities of Buprenorphine without proper documentation from New Delhi. The information specified that on April 1, 2004, four packages containing a large quantity of Buprenorphine ampules would be transported in a taxi with a particular number, from Lamington Road, to a roadside spot opposite JJ Hospital around 1.30 pm. Acting on the intelligence, a team of officers proceeded to the designated location. As surveillance continued, the officers spotted the taxi, matching the description, approaching the hotel with white-coloured boxes loaded on its carrier. In the presence of the panch witnesses, the taxi containing the packages was intercepted.
Indian Express
24-05-2025
- Indian Express
21 years on, five acquitted in drugs case; court says possibility of tampering cannot be ruled out
Over 21 years of being booked in a case of possessing alleged banned drugs, a special court in Mumbai acquitted five men for lack of evidence. Among the grounds on which the court acquitted the men was that given that the seized material was also readily available with chemists in the market, hence the possibility of tampering could not be ruled out as proper search and seizure procedure was not followed. The case dates back to 2004 when officials of the Customs department received information that two men were likely to transport a large quantity of Buprenorphine, a controlled substance, which if taken in high doses can lead to drug addiction and abuse. The information was the men would be traveling in a taxi near J J Hospital. The officials with two panch witnesses, who work as independent witnesses to note if all procedure is followed, went to the spot. A search of the taxi revealed a parcel of four packages of Buprenorphine, each containing 5,000 ampules. The officials said as it was a busy street and the inventory could not be properly carried out, they took the taxi to Ballard Estate. The officials said the passenger in the taxi, accused Mohammed Omar Mistry, owned the package, but did not have any licence, document or invoice to show he had legal permission to have such a large quantity of the controlled substance with him. Mistry and co-passenger Dharmendra Saroj were arrested and, based on their questioning and other evidence, three others, namely Atiq ur Rahman, Uday Raj Yadav and Siraj Panjwani were arrested for their alleged roles in a conspiracy to procure, possess and transport the drug. The court heard that there was nothing to show the ampules were from a pharmaceutical company as they did not have any such marking and proper procedure was not followed as was mandatory under the Narcotic Drugs and Psychotropic Substances Act. Special Judge Mahesh Jadhav said documentary evidence and witness deposition showed the seized material's whereabouts from April 1, 2004 to the next day, when it was sent for analysis, was not known. 'The cross-examination (of witnesses) reflects that the seized material in the form of a pharmaceutical substance was easily available with the chemist in the market in the same form. Considering the background of the case that the sample was not drawn before the magistrate and sample was not drawn on the spot and the same form of a pharmaceutical substance of the material seized is easily availed in the market, the possibility cannot be ruled out about the tampering with the sample,' the court said in its order passed on May 19, made available on Saturday. The court also said that there were other discrepancies like not examining the taxi driver.
